Cookinham v. Lewis
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Chief Justice Eakin. This is a proceeding by writ of review by R. S. Cookinham and W. A. Thacher against John EL Lewis, H. L. Holgate and F. M. Saxton, comprising the Board of Control of the State of Oregon, and O. C. Finkelnburg, trustee.
Read the full summary
From Marion: William Galloway, Judge. Statement by Mr. Chief Justice Eakin. This is a proceeding by writ of review by R. S. Cookinham and W. A. Thacher against John EL Lewis, H. L. Holgate and F. M. Saxton, comprising the Board of Control of the State of Oregon, and O. C. Finkelnburg, trustee. The facts as brought out at the trial are as follows: On March 10, 1909, plaintiffs filed with the State Engineer, John H. Lewis, an application for a permit to make an appropriation of 370 second feet of the waters of Powder River in Baker and Union counties, for 120 days, making 88,060 acre feet, to…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
1. A writ of review lies only in cases in which the lower court, officer or tribunal has exceeded its jurisdiction, or where it has exercised its judicial functions erroneously and contrary to the course of procedure applicable to the matter before it: Garnsey v. County Court, 33 Or. 201 (54 Pac. 539, 1089). Therefore, the writ will only bring up the record, upon which the case will be reviewed as to questions of jurisdiction and errors in the proceeding. It will not review questions of fact, and has nothing to do with the evidence. Smith v. Portland, 25 Or.…
2Cases cited5 opinions
- Farmers Canal Co. v. FrankNebraska Supreme Court · 1904
- Smith v. City of PortlandOregon Supreme Court · 1894
- People Ex Rel. Municipal Gas Co. v. RiceNew York Court of Appeals · 1893
- Garnsey v. County CourtOregon Supreme Court · 1898
- Douglas County Road Co. v. County of DouglasOregon Supreme Court · 1877
3Cited by15 opinions
- In re Willow CreekOregon Supreme Court · 1914
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923
- Bechtold v. WilsonOregon Supreme Court · 1947
- Tanner v. Bacon, State EngineerUtah Supreme Court · 1943
- School District No. 68 v. HoskinsOregon Supreme Court · 1952
10 more not listed; retrieve them via the Exa API.